Friday, 16 June 2023

Swaziland Newsletter No. 781 – 16 June 2023

  

Swaziland Newsletter No. 781 – 16 June 2023

News from and about Swaziland, compiled by Global Aktion, Denmark (www.globalaktion.dk) in collaboration with Swazi Media Commentary (www.swazimedia.blogspot.com), and sent to all with an interest in Swaziland - free of charge.


NGO Bill threatens free, independent civil society

By Nkosingiphile Myeni, eSwatini Observer, 11 June 2023

SOURCE 

Non-governmental organisations have rejected the draft NGO Bill and have called on the ministry of home affairs to return to the drawing board.

The organisations said current draft Bill does not reflect the aspirations of the NGO sector and it was drafted entirely without their input and that it posed a risk that could threaten the autonomy and self-regulation of the NGO sector in the country.

They also stated that there were several contentious clauses that provide for over regulation of the NGO sector and disempowered existing structures in the sector.

The clauses, according to the organisations were contradictory to Section 61 of the Constitution.

“The Bill in its current form threatens the autonomy of the NGOs and is contrary to the letter and spirit of the Constitution,” they stated.

The NGOs said consultations should have begun at drafting.   

Following consultations with the ministry and organisations, 31 directors of different NGOs registered with the Coordinating Assembly of Non-Governmental Organisations (CANGO), took a resolution to retain the status quo, advising government to go back to the drawing board.

The ministry of home affairs met with the NGOs where it shared the draft NGO Bill of 2023, which if it comes on effect would see government establish a Council of NGOs, which would consist of 12 members who are representatives of NGOs.

The council shall assist NGOs to strengthen their operations, develop, adopt and administer a code of conduct for NGOs, facilitate and coordinate the work of non-governmental organisations, and perform any other functions relevant for purposes of this Bill as the apex body may determine.

If passed into law, CANGO could be phased out.

The NGOs have raised at least five grounds on which they are opposed to the proposition of the Bill.

“The consultations on the Bill should begin at drafting.

The current draft Bill does not reflect the aspirations of the NGO sector and it was drafted entirely without their input,” the directors’ first resolution said.

They said that CANGO would take time to consider engaging legal experts to assist them in understanding and unpacking the Bill before it is presented to the NGOs and ultimately to the ministry of home affairs.

The resolutions culminate from an extraordinary meeting, which was held by CANGO members on June 7. The meeting took place at the Mountain View Hotel.
The NGOs raised a third point that CANGO was tasked with re-engaging the ministry and the consultant engaged to undertake the drafting of the Bill ‘on a clear and contextual definition of an NGO.’

Fourthly, the directors resolved to task CANGO again with reaching out to fellow apex bodies in the region in order to get their understanding on how NGOs are regulated in other countries.

“Lastly, CANGO was tasked with engaging the ministry on the Bill to request clarity on the issue of tax with the tax master, the Eswatini Revenue Service (ERS),” according to the report prepared by the CANGO secretariat.  The secretariat stated that this was in respect of the classification of NGO in the context of the new Bill, which they say would be totally different from the current situation.

To read more of this report, click here

http://new.observer.org.sz/details.php?id=20537

 

King Mswati buys twenty (20) Mercedes Benz worth close to R50million for his wives, no drugs in Government hospitals

By Zweli Martin Dlamini, Swaziland News, 12 June, 2023

SOURCE 

MBABANE: King Mswati has purchased about twenty (20) Mercedes Benz cars worth close to R50million for his wives, each car costs around R2.5million.

This disclosure comes amid a health crisis, patients in various hospitals across the country are dying in numbers, due to the non-availability of drugs.

The cars allegedly arrived on or around the 23rd May 2023 and upon arrival, security was provided to ensure that no one takes pictures, since then, this Swaziland News has been trying to obtain the evidence.

The cars also include four (4) Mercedes Vianos, they were allegedly purchased with public funds.

One of the cars registered M109 was followed on Monday morning, it took the road towards the Palace to fill-up fuel at Nkhanini Royal Offices.

Reached for comments, King’s Spokesperson Percy Simelane said he was not aware of the purchase adding that, he wouldn’t know unless, the purchase in question involved public funds.

"We don't have any information to that effect. It looks private enough for, is to be on the leeward side of Information. Unless Government and public funds were involved in the alleged purchase we would not know,” said the King’s Spokesperson.

Speaking to this Swaziland News on Monday, Sikelela Dlamini, the Secretary General (SG) of the Multi Stakeholder Forum (MSF) said it was surprising to note that the King continues with his extravagant lifestyle, while sectors like the health and education struggle due to non-availability of resources.

“It’s shocking that the King continues with his lavish lifestyle despite the challenges faced by the country that include a health and education crisis. This means, it would be hard for this country to develop under the King’s leadership,” said the MSF Secretary General.

 

Thabo, Nkomonye in need of medical attention - lawyer

By Mbongiseni Ndzimandze, Times of eSwatini, 13 June 2023

SOURCE 

MBABANE: Self-proclaimed ‘commander’ of the solidarity forces Thabo Kunene and his co-accused Sibusiso Nkomonye, are reportedly in dire need of medical attention after they were allegedly interrogated by the police.

This was disclosed by their attorney, Professor Dlamini, during their second remand hearing at the High Court yesterday. Professor informed the court that the accused persons were experiencing excruciating pain all over their bodies due to the alleged interrogation they were subjected to by the police . Thabo, according to his lawyers, was experiencing severe pain in his back and he suspects that some of his ribs were fractured during the alleged interrogation. According to the lawyer, so serious is the situation that Thabo sometimes experiences hematuria, a medical name for the presence of blood cells in urine. Coming to Nkomonye, he stated that he sometimes bleeds from his nose and he was complaining of severe pain all over his body.

“They seriously need to go to hospital as the situation might get out of hand and they constantly require painkillers to subdue the pain in their bodies,” the lawyer said.  The duo’s health issues was brought to the attention of Judge Mazwi Mavuso by their legal team, which also consists of Leo Dlamini. It was immediately after Principal Crown Counsel Macebo Nxumalo had addressed the court that Professor stood up to apply that the accused persons should be allowed to go to hospital, as they were experiencing pain all over their bodies after they were allegedly interrogated by the police during investigations. He said his clients were also refused visitation rights. According to Professor, even their relatives were not allowed to see them at the Correctional Services facility, where they were currently detained.

It was while Professor was on the floor addressing the court that Principal Crown Counsel Nxumalo, shot up from his seat to interject. “My Lord, I object because my learned friend is adducing evidence from the bar, which is not accepted,” argued Nxumalo. It was after Nxumalo’s submissions that Judge Mavuso informed Professor that he should he file a proper application, instead of taking the prosecution by surprise. “You should have brought a formal application earlier. You can even bring the application after the accused persons have been committed to the High Court,” said Judge Mavuso. Professor then informed the court that he would move a full-blown application to have the accused persons taken to hospital to receive medical attention. He also disclosed that in the same application, he would seek an order directing the authorities at His Majesty’s Correctional Services to allow relatives of his clients to have access to them.

Meanwhile, it was also recently reported that when the duo was arrested at the Inyanga’s home in the Republic of South Africa, they were assaulted with an assortment of weapons. This allegation was also confirmed by Kunene’s other attorney, Leo, yesterday who stated that the accused disclosed this when he had gone to check on him at the Correctional Services facility where he is currently detained. “He disclosed that he was also assaulted in the Republic of South Africa when they were at the inyanga’s homestead. There is a need for them to see a doctor as that is within their rights,” said Leo. According to Leo, they would do all within their powers to ensure that the duo was eventually taken to hospital.

 

Campaign launched for release of political prisoners

Peoples Dispatch/Globetrotter News Service, 13 June 2023

SOURCE 

The Communist Party of Swaziland (CPS) is set to launch a “Break the Chains” campaign to demand the release of political prisoners, including its Central Committee member Mvuselelo Mkhabela, whose bail hearing is scheduled for June 22.

Police broke into his house at 4am, on February 7, and abducted him along with another CPS member Bongi Mamba. They had organised a successful demonstration and roadblock the previous day demanding the release of political prisoners and agitating for the boycott of the “undemocratic” elections scheduled in August.

The campaign will include protests and roadblocks in rural communities, starting with Mvuselelo’s small town of Hluti in the Hosea constituency in Shiselweni, the poorest region in rural Swaziland, where he had organised communities against the monarchy. In the course of this work, Mvuselelo has been detained and tortured thrice by the police in the last three months and shot once.

With all political parties banned in the country, only individuals approved by the King’s local chiefs can contest these elections to parliament. The legislative body has no authority to hold the executive accountable; the latter is directly appointed by King Mswati III, Africa’s last absolute monarch. The CPS describes the elections as a farce, meant only to legitimise the monarchy.

As part of the CPS campaign to “Boycott, Disrupt, and Stop” these elections, Mvuselo had been carrying out regular agitation to convince community members not to participate in this election and instead to actively disrupt it.

 

Lawyers live in fear as Swazi state intensifies crackdown on activists

The identity of the writer is not disclosed for their own safety, Daily Maverick (South Africa), 13 June 2023

SOURCE 

As the “security experts”, who are largely seen as mercenaries, rove at night in search for those perceived by the state to be terrorists, pro-democracy activists are fleeing in droves to neighbouring South Africa while those who remain pull back from protest lines.

The Multi-Stakeholder Forum (MSF), an organisation comprising civil society and religious and political groups, which Maseko chaired, estimates that “close to 200” activists have fled to South Africa in recent months.  

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Some activists who have remained have been charged with terrorism, among other charges. They are reported to be struggling to find defence counsel, since lawyers fear representing those perceived to be enemies of the state.

In February this year, for example, The Times of Eswatini reported that members of the Swazis First Democratic Front, Sibusiso Nxumalo and Muzi Mnisi, who are both facing 38 charges under the Suppression of Terrorism Act, were struggling to get lawyers to defend them. 

The callous murder of Maseko in January, which is largely believed to have been an assassination, has left even the most courageous and unflinching lawyer shaking in their boots. 

Some lawyers believe Maseko’s killing could have been part of what increasingly seems like a concerted crackdown by the state on lawyers, specifically those defending political activists. 

Though Maseko had also become a vocal protagonist in the pro-democracy movement, some in the legal fraternity doubt the narrative that his murder was a political assassination.

Instead, they believe the renowned lawyer was “eliminated” to ensure that nobody challenges the legality of the partnership between the so-called security experts and the government, and to further ensure that activists charged with terrorism and treason have no legal representation. 

Months before Maseko’s life was snuffed out a series of events occurred in Eswatini which highlighted a hefty crackdown on human rights lawyers by the state.

On 30 August 2022, Sicelo Mngomezulu, a South African-based Swazi lawyer who was representing two incarcerated members of parliament, was banned from entering Eswatini. In a Government Gazette signed by Minister of Home Affairs Princess Lindiwe, a close relative of King Mswati, Mngomezulu was declared an “undesirable and prohibited immigrant”. This is despite the fact that Mngomezulu was born in Eswatini and obtained his law degree from the University of Eswatini.

Amnesty International condemned the prohibition of Mngomezulu, urging Eswatini authorities to lift the ban immediately. 

“The declaration of a prohibited migrant notice against Sicelo Mngomezulu, one of the legal representatives of the incarcerated members of parliament, Mduduzi Bacede Mabuza and Mthandeni Dube, is deeply troubling. It is designed to rob Mduduzi Bacede Mabuza and Mthandeni Dube of legal representation of their choice, intimidate him and others from speaking their minds, challenging the authorities, and defending human rights and the rule of law,” it said.

This month both MPs were found guilty on charges of terrorism, sedition and murder – a ruling that has been widely condemned.

In September 2022, the Southern Africa Litigation Centre, an NGO that uses law to defend human rights across southern Africa, warned that the Eswatini government had “demonstrated commitment to silencing dissent through force over the years”, adding: “In what increasingly seems like a state-sanctioned assault on human rights, justice and the rule of law, the situation in Eswatini has deteriorated recently.”

After the prohibition of Mngomezulu, another human rights lawyer survived what many believed was an assassination attempt. Maxwell Nkambule, who was very close to Maseko, was shot at by unknown gunmen in broad daylight on 7 December 2022. He had been consulting a client at Big Bend Correctional Centre and was driving towards the Siteki Magistrates’ Court. 

“[As I was driving] on that very hot day, I suddenly took notice of a white sedan with the park lights on following me… I then stopped on the [side of] the road unsuspecting of any danger. They stopped next to me [and] the lone occupant on the back seat had a gun and he aimed at my face. He shot, and I accelerated. Then a chase ensued till they gave up,” Nkambule told Daily Maverick from his hideout. 

At the time, Nkambule was representing Ncamiso Mabuyakhulu and Philani Sihlongonyane, activists facing 29 counts of alleged terrorism and murder of security forces. 

Nkambule reported the incident to the police. He also took officers to the scene and gave investigators descriptions of the gunmen and the vehicle they were in. However, police are yet to arrest anyone.

Nkambule is believed to be in hiding in South Africa. 

Since then the activists he was representing have struggled to find another lawyer since most lawyers fear for their lives. “Some lawyers have declined to assist [my clients]. There is a general fear among lawyers,” Nkambule said.

Following the prohibition of Mngomezulu, the attempt on Nkambule’s life and the murder of Thulani Maseko, some activists believe the state is out to silence human rights lawyers, who have unflinchingly defended political activists facing sedition and terrorism charges. 

Recently, the Times of Eswatini reported that the case of two activists facing terrorism charges for allegedly killing security forces and being members of the underground Swaziland International Solidarity Forces, had been postponed because they were struggling to find a defence counsel. 

Human rights lawyer Sipho Gumedze is not surprised by the sudden fear that has gripped Eswatini lawyers following Maseko’s murder.

“It is true that lawyers are no longer keen in taking matters involving political activists. It is a new development. Previously political activists would be arrested and would not struggle to obtain legal representation. No sane person would want to die and leave behind young children who have no capacity to fend for themselves. Lawyers are human beings first; therefore, they are afraid of getting killed,” he says. 

To read more of this report, click here

https://www.dailymaverick.co.za/article/2023-06-13-lawyers-live-in-fear-as-swazi-state-intensifies-activist-crackdown/

 

I have been arrested 35 times – Mphandlana

By Thokozani Mazibuko, eSwatini News, 10 June 2023

SOURCE 

MBABANE: Political activist Peter Mphandlana Shongwe has revealed the number of times he has been arrested by the police.

Shongwe, a senior member of the People’s United Democratic Movement (PUDEMO), is popularly known  as victim. He said he had already been incarcerated 35 times for political crimes. Speaking during the Commemoration of Human Rights Defenders in Eswatini, he said he had never been found guilty in all the charges. The event, organised by the Southern African Litigation Centre (SALC), was held at Hilton Hotel yesterday.

During the event, the SALC honoured deceased political activists like Mario Masuku, Mandla Mkhwanazi, Thulani Rudolph Maseko, Advocate Rudolph Jenson and Leo Gama.

The SALC is a non-profit organisation based in Johannesburg, South Africa, which supports human rights lawyers in Southern African countries with expert legal advice, technical support and funding. SALC was founded by Nicole Fritz and she served as director for 10 years. Shongwe took the participants down memory lane where he recalled how he was arrested by the Royal Eswatini Police Service (REPS) in more than 35 instances.
He applauded the late attorney, Leo Gama, for representing in courts with aplomb and professionalism, showing vigour and determination in ensuring and upholding of his fundamental human rights.

“I would like to applaud one of the greatest lawyers, Leo Gama. I never paid a cent to him. This time allows me to remember Leo Gama’s good deeds towards the struggle. I have been in and out of prison for more than 35 times and as we are speaking now, I am currently out on bail,” lamented the political activist. Shongwe revealed that he had been reporting every last Friday of the month. He challenged lawyers to represent clients charged with crimes smacking of political connotations.

He made an example of the late Gama, who frequently visited his incarcerated clients. “I am challenging lawyers to take up some of these cases in this country as we are released partially and actually we are still in jail,” Shongwe said. He added: “I understand how the lawyers are feeling towards the case of the ‘commander’ (referring to self-styled commander of the underground forces, Thabo Kunene). I must say I know it is very challenging and difficult to represent the members of the mass democratic movement (MDM) in these trying times.”

Further, Shongwe said that he didn’t remember a single day when he had to pay a fee to the late Gama, despite the fact that he represented him in almost all the charges preferred against him. “I am not saying that we shouldn’t pay lawyers; they also need money,” he said. Shongwe applauded organisations like SALC that had always been there for the struggle for liberation. He advised practising lawyers to join the call for political transformation in the country. He pitied the situation in which a person charged with a political crime would not be represented because lawyers were afraid.


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